UNION OF INDIA Vs. JEET SINGH

JUDGEMENT

(1.) Instant Letters Patent Appeal is directed against the judgment dated 26.4.2002 passed by learned Writ Court in SWP No.409/2000 captioned Jeet Singh v. Union of India & ors, where-under order of dismissal has been quashed and the respondent Jeet Singh (writ petitioner) has been directed to be reinstated in service and has also been held entitled to all consequential benefits including monetary benefits. The appellants have been left free to hold enquiry against the respondent (writ petitioner) in accordance with the procedure provided under B.S.F Act and the rules.

(2.) The respondent (writ petitioner) was working as Driver Constable in Border Security Force, he had proceeded on leave but overstayed with effect from 26.5.1994 without any permission so was informed vide communication dated 29th of June, 1994 to report back for duty immediately failing which disciplinary action will be initiated. The writ petitioner did not report back as a result thereof vide communication dated 8th of August, 1994 show cause notice has been served upon the respondent (writ petitioner), same is reproduced here-under: -

(3.) In response thereto, writ petitioner moved an application on 22.8.1994. On considering the same application, petitioner vide communication dated 26th of August, 1994 has been directed to report for duty within 15 days on receipt of the letter, same is reproduced here-under: